Karnataka high court disposes of terror plot suspects' plea

The high court has disposed of a petition filed by the accused in the Bangalore terror plot case.

| TNN | Aug 6, 2013, 03.59 AM IST

BANGALORE: The high court has disposed of a petition filed by the accused in the Bangalore terror plot case.

Shoaib Mirza and others had sought quashing of a special court order extending their judicial custody to 180 days, which they said was done without keeping them in the loop. They had also sought bail on the grounds that a chargesheet hadn't been filed within 90 days.

Justice KN Keshavanarayana observed that in view of filing of the chargesheet, the petitioners can now seek bail before the special court. "Before the expiry of 180 days, the National Investigation Agency (NIA) filed a chargesheet against the accused and it is under consideration by the special court. And some accused have already filed bail plea. Hence, there is no need for this court to quash the special court's November 24, 2012 order," he said.

Not as per principle

The judge noted that the special court did not follow the principles laid down by the high court as well the Supreme Court, as is evident in the accused being neither informed nor made aware of the application for extension of judicial custody to 180 days under Section 43D of the Unlawful Activities Act.

But the judge also observed that on considering subsequent events, there is no need for quashing the order under challenge.

The petitioners had claimed that as against the prosecution claim, the case is yet to be handed over to NIA; the sessions court, therefore, doesn't have jurisdiction as the application was filed by the Central Crime Branch, and not the NIA.

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